United States Congressional Serial Set, Issue 7643

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U.S. Government Printing Office, 1919 - United States
Reports, Documents, and Journals of the U.S. Senate and House of Representatives.

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Page 17 - We hold, however, that the basis of all calculations as to the reasonableness of rates to be charged by a corporation maintaining a highway under legislative sanction must be the fair value of the property being used by it for the convenience of the public. And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable...
Page 18 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case.
Page 16 - From what has thus been said it is not to be inferred that this power of limitation or regulation is itself without limit. This power to regulate is not a power to destroy, and limitation is not the equivalent of confiscation. Under pretense of regulating fares and freights, the state cannot require a railroad corporation to carry persons or property without reward : neither can it do that which in law amounts to a taking of private property for public use without Just compensation, or without due...
Page 15 - A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties. Within the meaning of the Constitution, bills of attainder include bills of pains and penalties. In these cases the legislative body, in addition to its legitimate functions, exercises the powers and office of judge; it assumes, in the language of the...
Page 4 - The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys to be made at the following-named localities...
Page 16 - The question of the reasonableness of a rate of charge for transportation by a railroad company, involving as it does the element of reasonableness both as regards the company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination.
Page 21 - Army that any duck blind authorized in this section causes unreasonable obstruction to the free navigation of said waters, the owner will be required, upon due notice, to remove or alter the same so as to render navigation through said water reasonably free, easy, and unobstructed.
Page 3 - After due consideration of the above-mentioned reports. I concur in the views of the...
Page 11 - Chicago, Milwaukee & St. Paul Chicago, Rock Island & Pacific Chicago, St. Paul, Minneapolis & Omaha Cincinnati, Hamilton & Dayton Cleveland, Cincinnati, Chicago & St.
Page 21 - War, it shall cause unreasonable obstruction to the free navigation of said water, the permittee will be required, upon due notice from the Secretary of War, to remove or alter the structural work or obstructions caused thereby without expense to the United States so as to render navigation reasonably free, easy, and unobstructed...

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